USCIS Completed the Initial Cap H-1B Initial Registration Process. What should US Employers do if their International Employee was not Selected?
- Leyla McMullen, Mdivani Business Immigration Lawyer
- 12 minutes ago
- 2 min read
USCIS completed H-1B Initial Electronic Registration Process for CAP H-1Bs. Employers are now finding out which of their international employees were not selected in this random process. Now Employers with non-selected employees are consulting with their business immigration lawyer and making a plan on how to continue employment of their non-selected professional employees.
Possible Selection During Second Lottery:
USCIS will likely conduct a second lottery and issue additional selection notices by October 1, 2025. There is a chance that employers may be notified that their currently non-selected employee get selected later in the summer or even early fall, but employers should prepare in case they are not selected. We discuss two common options, based on education, below.
STEM OPT:
If the employee has a STEM related degree, they may qualify for up to two more years of work authorization by applying for a STEM EAD. In additional to traditional STEM degrees, such as Computer Science or Engineering, some business-related degrees, such as Management Science, may also qualify, depending on how they are designated by the issuing university. To see if your employee’s degree may qualify for STEM OPT extension, you can check the government’s designated STEM degrees list in this link: https://www.ice.gov/sites/default/files/documents/stem-list.pdf and with the university.
Curricular Practical Training:
If the employee is nearing the end of their two-year STEM OPT, or if they do not have a degree that qualifies for STEM OPT, they may want to consider going back to school. For example, for a Master’s degree, or even a PhD. Depending on the education program the employee enrolls in, if their education benefits from practical training, they may qualify for part-time or full-time work authorization through Curricular Practical Training (CPT.) For CPT to be valid, it has to be for educational purposes. CPT is not meant to only enable employment. CPT is for training opportunities and internships. If the employer has a trainee position that qualifies for CPT, it may be a short-term solution to the non-selection, and give the employer the opportunity to try for the Cap H-1B lottery again the following year. Employers should check with their business immigration lawyers for specific advice on options, and Employees should check with their designated school officials for educational programs that may allow them to continue to have work eligibility through a possible trainee position.
Leyla McMullen, Corporate ImmigrationLawyer
Mdivani Corporate Immigration Law Firm
The information on this website is for general information purposes only. It is not legal advice applicable to a specific situation. Viewing it does not create an attorney-client relationship.
